Poinography on Yoshimoto’s Road Rage Ordinance… Charley Foster with Answer

If you haven’t already read the article about Yoshimoto’s proposed ordinance on road rage, you can read that here.

A tougher law to deal with Big Island road rage incidents may be considered by the Hawaii County Council early next year…

But I really recommend that you read the blog at Poinography as he asks the question:

Can Hawaii County create a felony by ordinance?

Well if you read attorney Charley Foster’s comment below the thread… you get your answer:

It looks like counties are not authorized to assess felony penalties for violations of their ordinances.

Under HRS §46-1.5 General powers and limitation of the counties –
(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;

(14) Each county shall have the power to:
(D) Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law.

(Note: A “violation” does not constitute a crime and conviction of a violation authorizes no other sentence than a fine, or fine and forfeiture or other civil penalty. §701-107 Grades and classes of offenses).

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